[OSM-legal-talk] [OSM-talk] Applications systematically consuming Bing Aerial tiles

Martijn van Exel m at rtijn.org
Thu Mar 29 15:22:00 BST 2012


All,

On Thu, Mar 29, 2012 at 3:51 AM, Elena ``of Valhalla'' <
elena.valhalla at gmail.com> wrote:

> On 2012-03-29 at 11:06:38 +0200, Jochen Topf wrote:
> > The storage part is not true any more. Bing used OSM data to mask out
> military
> > areas in Germany, so the Bing images are now automatically CC-BY-SA.
>
> No, they are not.
>
> If they did that (I haven't followed the related threads and I don't
> know exactly what happened) they would be in violation of our
> copyright. One of the way the could stop that violation would be
> to release the images under CC-BY-SA, another just as legitimate
> would be to stop distributing them.
>
> Having a license applying in an automatic way would not make sense:
> consider the case of product X owned by A and given under a restrictive
> license to B (the usual case with areal pics, btw); if B used
> X together with CC-BY-SA (or GPL) licensed product Y, A would
> find their product released under another license
>
> 1. against their will,
> 2. through no fault of their own.
>
> OK, I am officially more confused about this now than I was before asking.
Thanks for all your input though. I should probably have asked the legal
question separately in legal-talk.
I am not a lawyer myself but I tend to agree with Elena / Simon on the
matter of Bing violating the terms of the license / our copyright
(whichever of the two). Whatever they did, I would say it's fair they take
something back from OSM, they should just have said so. For the huge boost
they gave to OSM, we should cut them some slack though. And what were 'we'
going to do about it anyway? (That's a rhetoric question here, but we can
follow up on legal-talk)

I am still interested in instances of systematic (ab)use of Bing image
tiles in OSM apps, and what your opinion is on use /abuse in the Imagery
Analyzer[1]. This could impact our relation with Bing (which, according to
the press, is just peachy).

[1] http://mvexel.dev.openstreetmap.org/bing/
-- 
martijn van exel
geospatial omnivore
1109 1st ave #2
salt lake city, ut 84103
801-550-5815
http://oegeo.wordpress.com
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